What action should a prospective Aerus franchisee take if they have complaints about the content of the Aerus website?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Under no circumstance shall Franchisee make any public statement (whether verbally or in writing or by use of any electronic medium, including, without limitation, email, Internet post, web log, website or otherwise) which actually or by implication is in any way derogatory, defamatory or otherwise disparaging of the Franchised Business or Aerus Businesses generally or of Company, any of Companies Affiliates or any of their officers, directors, members, shareholders, employees or agents.
- H.
Company may, at its option, establish and maintain an Intranet through which franchisees of Company may communicate with each other, and through which Company and Franchisee may communicate with each other and through which Company may disseminate the Manuals, updates thereto and other Confidential Information.
Company shall have sole discretion and control over all aspects of the Intranet, including the content and functionality thereof.
Company will have no obligation to maintain the Intranet indefinitely, and may dismantle it at any time without liability to Franchisee.
If Company establishes an Intranet, Franchisee shall have the privilege to use the Intranet, subject to Franchisee's strict compliance with the Policies and Procedures that Company may establish from time to time.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, franchisees are prohibited from making any public statement that is derogatory or disparaging of the Aerus business, its affiliates, or its personnel. This prohibition extends to any electronic medium, including the internet and websites. Therefore, if a franchisee has complaints about the content of the Aerus website, they should not voice those complaints publicly.
The FDD also states that Aerus may establish and maintain an Intranet for communication between the company and its franchisees. Aerus has sole discretion and control over all aspects of the Intranet, including its content and functionality. If Aerus establishes such an Intranet, franchisees have the privilege of using it, but must strictly comply with the company's policies and procedures.
Given these points, a prospective Aerus franchisee who has concerns or complaints about the Aerus website should address them through appropriate internal channels, such as the Intranet if available, or directly with Aerus management. Publicly criticizing the company could be a violation of the franchise agreement.